GALVESTON — Lawyers for Anthony Graves filed a lawsuit today asking a Travis County district court to declare him innocent of capital murder, making him eligible for state compensation for the 18 years he spent behind bars.

"He holds no grudge against the state of Texas," the lawsuit says about Graves. Prosecutors said publicly in October that he was innocent, but the Texas comptroller denied him compensation under the Timothy Cole Compensation Act because the document ordering his release did not contain the words "actual innocence."

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Graves did not seek an order compelling Comptroller Susan Combs to pay the compensation because he believes she erred in interpreting a relatively new and untested law and will correct it upon receiving the court order, the lawsuit says.

Graves, 45, also does not want to sue state officials or Burleson County, where he was convicted in 1992 in the slayings of a grandmother and five children, his lawyers said.

"Anthony Graves just wants the compensation money," said his lead attorney, Jeff Blackburn. "He's one of the most decent guys I've known."

Blackburn said his client would prefer not to pursue a civil lawsuit against Burleson County. "From a lawyer's point of view, Anthony has a terrific civil rights case," he said. "From his point of view, he wants to get on with his life."

The state would end up paying millions of dollars more in compensation and legal fees if Anthony were forced to file a conventional civil lawsuit, Blackburn said.

"The amount of compensation money (under the compensation act) he would get would be a fraction of what he deserves for what he was put through by the state of Texas," he said. "They have the opportunity to buy justice cheaply in this case."

Under the Cole Act, Graves would be eligible for $80,000 for each year he was incarcerated.

The lawsuit names Texas Attorney General Greg Abbott as a defendant but seeks no action from his office. The attorney general is named to satisfy a requirement of the Uniform Declaratory Judgment Act, Blackburn said.

"In this case the attorney general is the right person to be involved," he said. "Someone has to speak for the state and he is the most appropriate party."

Blackburn said the lawsuit may be the first to use state Uniform Declaratory Judgment Act to seek a declaration of innocence. "As far as I know this has never been done before," he said.

The lawsuit cites the sections of the Texas Constitution guaranteeing every person "remedy by due course of law," and equal rights under the law as reasons for a declaration of innocence.

"It's the Declaratory Judgment Act that give the court the ability to do something about those rights," Blackburn said.

The lawsuit cites strong support for Graves' quest for compensation from Gov. Rick Perry and state legislators.